War Gratuity Act 1947 (Cth)

WAR GRATUITY.

No. 41 of 1947.

An Act to amend the War Gratuity Act 1945.

[Assented to 12th June, 1947.]

[Date of commencement, 10th July, 1947.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the War Gratuity Act 1947.

(2.) The War Gratuity Act 1945 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the War Gratuity Act 1945–1947.

Definitions.

2.Section two of the Principal Act is amended by omitting from paragraph (b) of the definition of “overseas area” the words “date twelve months after the cessation of hostilities” and inserting in their stead the words “thirtieth day of June, One thousand nine hundred and forty-seven”.

Overseas qualifying service.

3.Section seven of the Principal Act is amended by omitting from paragraph (g) of sub-section (1.) the words “date of expiration of the period of twelve months next succeeding the cessation of hostilities “and inserting in their stead the words “thirtieth day of June, One thousand nine hundred and forty-seven”.

General qualifying service.

4.Section nine of the Principal Act is amended by omitting from paragraph (d)of sub-section (1.) the words “date of the expiration of a period of twelve months from the cessation of hostilities” and inserting in their stead the words “thirtieth day of June, One thousand nine hundred and forty-seven”.

Qualifying service does not include certain service.

5.Section ten of the Principal Act is amended by omitting the words “date twelve months after the cessation of hostilities” and inserting in their stead the words “thirtieth day of June, One thousand nine hundred and forty-seven”.

 

Minimum war gratuity in case of death and total dependency.

6.Section fourteen of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “expiration of the period of twelve months next succeeding the cessation of hostilities” and inserting in their stead the words “first day of July, One thousand nine hundred and forty-seven”; and

(b) by omitting from that sub-section the words “any person or persons specified in sub-section (1.) of section seventeen of this Act was or were” and inserting in their stead the words “the widow or widower, or a child, parent, stepparent, foster-parent or dependant of the member was”.

Date of entitlement.

7.Section eighteen of the Principal Act is amended—

(a) by omitting from paragraph (b) the words “date twelve months after the cessation of hostilities” and inserting in their stead the words “first day of July, One thousand nine hundred and forty-seven”;

(b) by omitting from the first proviso the words “, but not later than twelve months, after the cessation of hostilities” and inserting in their stead the words “after the cessation of hostilities, but not later than the first day of July, One thousand nine hundred and forty-seven”; and

(c) by omitting from the second proviso the words “date twelve months after the date of cessation of hostilities” and inserting in their stead the words “first day of July, One thousand nine hundred and forty-seven”.

Interest on war gratuity.

8.Section twenty-seven of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “sub-sections (2.) and (3.) of”; and

(b) by inserting at the end thereof the following sub-section:—

“(4.) Where a member who has performed general qualifying service prior to the date twelve months after the cessation of hostilities is serving as a member on that date interest on the war gratuity to which he is entitled shall be credited on the amount of war gratuity accrued at that date for the period from that date to the date of entitlement, and the amount of interest so credited shall be added to the war gratuity and be deemed to be part of it.

“(5). Where a member who has performed general qualifying service prior to the date twelve months after the cessation of hostilities re-enlists as a member after that date, interest shall be credited on the amount of war gratuity to which he is entitled prior to such re-enlistment for the period from the date on which he was previously

 

entitled to be credited with war gratuity to the date of entitlement, and the amount of interest so credited shall be added to the war gratuity and be deemed to be part of it.”.

9.After section thirty-two of the Principal Act the following section is inserted:—

Delegation.

“33.—(1.) The Minister may, by writing under his hand, delegate to any person all or any of his powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.

“(2.) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.”.